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Bank of Montreal Barrier Notes: Investor Loss Investigation

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Updated on: March 12, 2024

National investment loss lawyers KlaymanToskes is investigating brokerage firms and financial advisors who unsuitably recommended investments in Bank of Montreal (“BMO”) Barrier Notes (linked to Pinterest or Square) to their customers. Our firm believes many investors may have been misled regarding the risks and underlying volatility associated with BMO’s structured note investment offerings, and other recommendations to invest in structured notes.

KlaymanToskes is investigating brokerage firms and financial advisors who recommended the following Bank of Montreal structured note investments:

  • BMO Contingent Barrier Note Linked to Pinterest (due 8/31/2023)
  • BMO Autocallable Barrier Notes with Contingent Coupons Linked to Pinterest (due 8/31/2023)
  • BMO Autocallable Barrier Notes with Contingent Coupons Linked to Square (due 12/7/23)

If your financial advisor recommended an unsuitable Structured Note or Variable Interest Rate Structured Product (VRSP) based on your investment profile, or disregarded your risk-tolerance when making investment recommendations, you may be entitled to a financial recovery through FINRA arbitration

If you suffered losses in BMO Barrier Notes linked to Pinterest or Square, or in any other structured note investments due to unsuitable recommendations by your brokerage firm or financial advisor, contact securities attorney Lawrence L. Klayman to discuss your recovery options at (888) 997-9956 or lawrence@klaymantoskes.com for a free and confidential consultation. We do not collect attorney’s fees unless we are able to obtain a financial recovery for you. Investors with self-directed accounts who did not rely on the advice of a financial advisor are not eligible for our representation.

What Are Structured Notes and Bank of Montreal Barrier Notes?

Structured notes, such as BMO’s Contingent Barrier Notes and Autocallable Barrier Notes, are “hybrid” investments, combining a bond and a derivative to offer principal protection and potential upside linked to specific assets’ performance. These assets could include stocks, interest rates, or commodities, with structured notes commonly tracking equity indexes, baskets of stocks, or currency values. Investors are often drawn to structured notes for their high gain potential. However, these investments come with a high degree of risk, potentially leading to the total loss of principal. 

What Are the Risks of Investing in Structured Notes?

Structured notes, with their inherent complexity, may not be suitable for every investor, particularly those seeking consistent income or principal protection. The illiquid nature, market risk, and default risk associated with structured notes, compounded by their complexity, make them volatile and high-risk, particularly when the underlying derivative faces market volatility. If the issuer of a structured note defaults, investors may lose their entire investment.

Limited Liquidity: Many structured notes come with lengthy maturities and lack a vibrant secondary market, potentially complicating efforts to liquidate the investment before its maturity.

Credit Risk: Returns and principal protection on structured notes are often contingent on the credit standing of the issuing bank, posing a risk if the issuer encounters financial troubles.

Market Risk: The note’s return is linked to the performance of its underlying asset, which means investors may face partial or total loss of their investment if the asset underperforms.

Complexity: Structured notes’ complexity may lead to misunderstandings and investment choices that misalign with an investor’s financial objectives and risk appetite.

Financial professionals and their firms have a fiduciary duty to recommend suitable investments that are in their customer’s best interest. Potential conflicts of interest may arise when issuers incentivize brokers/investment advisors with substantial commissions to promote their financial products. A representative that recommends investments for the purpose of being compensated through increased commissions, and enriches themselves rather than benefiting the client, is violating securities laws

If you’ve suffered losses in structured note investments due to misconduct, fraud, and/or securities violations by your brokerage firm or financial advisor, you may be entitled to financial recovery through FINRA arbitration.

Signs Investors Should Look Out For About Their Brokerage Accounts

As an investor, there are signs that you should look out for if you believe you have a claim against your broker/advisor for unsuitable investment recommendations in structured notes. These signs could potentially indicate misconduct, negligence, or investment fraud. Investors are encouraged to contact our firm immediately if you have experienced any of the following: 

  • You have substantial losses in your investment accounts
  • You received a call, email, or other communication from your broker’s supervisor or manager regarding your portfolio
  • Your broker misrepresented investment opportunities, or failed to disclose details about investments 
  • You notice unauthorized transactions in your investment accounts
  • Your broker is not returning your calls or emails
  • You filed a complaint with your brokerage firm that has not been resolved
  • You see a mistake on your statement, or receive a fraudulent statement

Some investors have close relationships with their brokers due to the time and trust built over the course of their investment relationship. However, it is crucial to remember that financial decisions should be based on careful analysis and due diligence rather than solely relying on personal relationships.

Engaging the services of an experienced securities attorney to evaluate your specific circumstances is strongly advised. At KlaymanToskes, our team of experienced securities attorneys has a deep understanding of this complex area of law, allowing us to provide invaluable insight and tailored guidance that directly addresses your individual needs.

If you purchased unsuitable Bank of Montreal Barrier Notes and/or any other structured notes through your financial advisor/brokerage firm, and suffered significant losses, contact KlaymanToskes at 888-997-9956 or fill out a short contact form for a free and confidential consultation. ​​We do not collect attorney’s fees unless we are able to obtain a financial recovery for you. Investors with self-directed accounts who did not rely on the advice of a financial advisor are not eligible for our representation.